(a) The Planning Commission shall approve the issuance of a license to an applicant by the Building Inspector, unless the Planning Commission finds, based upon information received by the Chief of Police, the Building Inspector or other City official, that one or more of the following are true:
(1) An applicant is under eighteen years of age.
(2) An applicant or an applicant's spouse is overdue in payment to the City of taxes, fees, fines or penalties assessed against or imposed upon the applicant or the applicant's spouse in relation to an adult entertainment establishment.
(3) An applicant has failed to provide information reasonably necessary for the issuance of the license or has falsely answered a question or request for information on the application form.
(4) An applicant or an applicant's spouse has been convicted of a violation of a provision of this chapter, other than the offense of operating an adult entertainment establishment without a license, within two years immediately preceding the application.
(5) The license fee required by this chapter has not been paid.
(6) An applicant has been employed in an adult entertainment establishment in a managerial capacity within the preceding twelve months and has demonstrated an inability to operate or manage an adult entertainment establishment premises in a peaceful and law abiding manner, thus necessitating action by law enforcement officers.
(7) An applicant or the proposed establishment is in violation of, or is not in compliance with, this chapter.
(8) An applicant or an applicant's spouse has been convicted of a crime:
A. Involving any of the following offenses:
1. Prostitution;
2. Promotion of prostitution;
3. Aggravated promotion of prostitution;
4. Compelling prostitution;
5. Obscenity;
6. Sale, distribution or display of harmful material to a minor;
7. Sexual performance by a child;
8. Possession of child pornography;
9. Public lewdness;
10. Indecent exposure;
11. Indecency with a child;
12. Sexual assault or aggravated sexual assault;
13. Incest, solicitation of a child or harboring a runaway child; or
14. Criminal attempt, conspiracy or solicitation to commit any of the foregoing offenses;
B. For which:
1. Less than two years have elapsed since the date of conviction or the date of release from confinement imposed for the conviction, whichever is the later date, if the conviction is of a misdemeanor offense;
2. Less than five years have elapsed since the date of conviction or the date of release from confinement for the conviction, whichever is the later date, if the conviction is of a felony offense; or
3. Less than five years have elapsed since the date of the last conviction or the date of release from confinement for the last conviction, whichever is the later date, if the convictions are of two or more misdemeanor offenses or a combination of misdemeanor offenses occurring within any twenty-four month period.
(9) An applicant proposes a site which is within 1,000 feet of a residence, school, park or church.
(10) An applicant fails to comply with the laws of the City, State statutes, additional codes or Federal laws.
(b) The fact that a conviction is being appealed shall have no effect on the disqualification of the applicant or the applicant's spouse.
(c) An applicant who has been convicted of, or whose spouse has been convicted of, an offense listed in paragraph (a)(8) hereof may qualify for an adult entertainment establishment license only when the time period required by this section has elapsed.
(d) The license, if granted, shall state on its face the name of the person or persons to whom it is granted, the expiration date and the address of the adult entertainment establishment. The license shall be posted in a conspicuous place at or near the entrance of the adult entertainment establishment so that it may be easily read at any time.
(Ord. 95-49. Passed 12-19-95.)